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Rubstello, Stephanie

Abstract

This Comment begins by providing a general overview of privilege
law. It discusses the differences between privilege and
confidentiality, looks at how choice of law plays into privilege issues,
outlines state and federal privilege, and shows what can happen when
state and federal privileges come into conflict. Next, this Comment
focuses on privilege in the context of mediation by contrasting
mediation privilege with settlement protections, and it gives an
overview of how various courts have looked at addressing questions
of mediation privilege and confidentiality. This Comment concludes
that, in order to provide claimants with predictability surrounding
their mediation communications related to state claims ending up in
federal court, federal courts should always treat state mediation
communication protections as substantive law and apply state
protections to state claims.

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